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NATIONAL LAB. R. BD. v. EASTERN MASSACHUSETTS ST. RY. CO.

Nos. 5030, 5089.

235 F.2d 700 (1956)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EASTERN MASSACHUSETTS STREET RAILWAY COMPANY, Respondent (two cases).

United States Court of Appeals First Circuit.

July 31, 1956.

Attorney(s) appearing for the Case

Fannie M. Boyls, Washington, D. C., Attorney, with whom Theophil C. Kammholz, General Counsel, David P. Findling, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Maurice Alexandre, Attorney, Washington, D. C., on brief, for petitioner.

J. Joseph Maloney, Jr., Boston, Mass., for respondent.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

Both of these petitions for enforcement of orders of the National Labor Relations Board rest basically upon the propriety of a finding made by the Board under § 9 (b) of the Labor Management Relations Act, 1947, 61 Stat. 143, 29 U.S.C.A. § 159(b) that only a company-wide unit of the Respondent's operating and maintenance employees was appropriate for the purpose of collective bargaining...

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